In a case successfully defended by Sanu Dev, Esq., the Hainesport Township Board of Education’s (“Board”) determination of harassment, intimidation, and bullying (“HIB”) was upheld by the New Jersey Commissioner of Education (“Commissioner”) on June 19, 2019. In the case captioned M.S. and N.S. o/b/o J.S. v. Hainesport Township Board of Education, the parents of J.S. appealed the Board’s decision finding that J.S. violated the Anti-Bullying Bill of Rights Act (“ABBRA”) and committed an act of HIB when J.S. slammed another student’s Chromebook, pulled on his earbuds, called him “weakling,” and commented on the student’s athletic ability, using the phrase, “you suck.”
As a result of J.S.’s conduct, the Board upheld the administration’s recommendation that J.S. receive a one-day, in-school suspension and his schedule be adjusted to limit interaction with the other student. J.S.’s parents appealed the Board’s determination, which was initially heard by an Administrative Law Judge (“ALJ”). Thereafter, the Commissioner reviewed the matter. The ALJ and Commissioner both agreed that the Board did not act in an arbitrary, capricious, or unreasonable manner when it determined that J.S.’s conduct met the criteria for HIB: the conduct was motivated by the other student’s distinguishing characteristic of being weak and bad at sports; the conduct disrupted or interfered with the orderly operations of the school or the rights of other students; and the conduct made the other student feel embarrassed.
While J.S.’s parents argued that the situation was conflict between the students rather than HIB, this argument was rejected. The evidence did not suggest a “back and forth” of taunting between J.S. and the other student.
